Miami employee 'injured' by ADLP gets first win in discrimination case

Commissioner was defending illegal nightclub in Allapattah

A code enforcement supervisor who happened upon an illegal nightclub in Allapattah and was allegedly inured after she was poked or pushed or nudged by Commissioner Alex Diaz de la Portilla, gets to sue the city.

U.S. Southern District Judge Jose E. Martinez on Wednesday denied a motion to dismiss filed by the city of Miami, which was sued by Suzann Mudahy-Nicholson, a 16-year employee who was fired months after the illegal club incident. The lawsuit says she had been discriminated against because of her race, her homosexuality and her disabilities, real or perceived.

The lawsuit states that the city has a well established “contentious relationship with the Black community for at least the past 60 years that has resulted in community wide clashes and at least one other lawsuit,” Martinez says in the ruling.

And Mudahy-Nicholson claims a whole bunch of discriminatory action, from the moment she was hired, which was apparently delayed for the wrong reasons. But the events that led to her termination began in the early hours of Feb. 22, after she was asked to assist the Miami Police in enforcing COVID-19 compliance, including mask wearing in public. Upon arrival at 2:22 a.m. to a property at 772 NW 22nd St., Mudahy-Nicholson saw a bunch of code violations of minimum licensing requirements.

She “began to photograph over 100 persons without a mask, venue staff collecting admission payment, venue bar selling alcohol without a license, third-party food trucks, portable bathrooms, projected music, VIP seating area, scantily clad entertainers and other portable food and drink equipment.”

When she asked to speak to a manager, someone brought her the commissioner. Apparently, The Dean was in charge.

The lawsuit brings up one of the phrases he allegedly tells her, heard over the body camera. Ella esta arrogante sin razon. “She is arrogant without reason.” The saying has been used against black people.

“When plaintiff told DLP that she knew who he was, DLP disclaimed any management role at the venue, but indicated that he would call the city manager and mayor in the morning, that she and ‘her kind’ were not welcome at the venue, and that Plaintiff should leave,” the ruling states.

“At some point during he interaction, DLP crowded into plaintiff’s personal space and pushed her back until she stumbled and fell, injuring her hip.”

There are a bunch of other allegations against other city employees who have apparently been harassing her for years. But it was the day after the incident with the commissioner that she got a complaint about her using overtime, which she had been told to do. That led to investigations and then, eventually, her termination when she refused to go to a meeting without her attorney.

But Ladra is pretty certain she was fired simply for having challenged the commissioner at his very own VIP club. The code enforcement officer who stopped by to shut that party down would have been retaliated against even if he was a straight, white guy named Fernando.

But it seems Nicholson has been discriminated against anyway, for a long time. We all know that the city has a problem with its black employees. Ladra would bet real money that this is not the only incident. Anybody else who has felt discriminated based on race or who they love or having a disability or any other protected status should call Nicholson’s attorney, the inexhaustible David Winker, who has taken on the city of Miami before.

City Attorney Victoria Mendez could not be reached late Wednesday, but it is likely that the city will appeal this decision if they can. They drag everything out.

Still, this ruling is a victory for Nicholson. And it makes an interesting read.

Order Denying City of Miami’s Motion to Dismiss by Political Cortadito on Scribd

Alex Diaz de la Portilla, Victoria Mendez

Miami employee ‘injured’ by ADLP gets first win in discrimination case added by Ladra on March 23, 2023
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